Court : Mumbai
Decided on : Aug-29-2002
Reported in : 2003(1)ALLMR54; 2003(1)BomCR642; (2003)1BOMLR407; 2003(2)MhLj670
..... necessary to analyse the other materials on record to find out the answer to the third point for consideration. 19. the fact of registration of the patent in favour of the appellants in canada is not in dispute. merely because the number thereof is not disclosed, it would not make any difference, when ..... was designed by the plaintiffs. another finding which has been arrived at by the court below is to the effect that the plaintiffs claim that the patent is registered in canada but no registration number is given and that they have applied for registration in india but it is pending and yet to be ..... is the case of the respondents that 'hydroclave' is a technology or process or method of infectious waste treatment and since it is a technology, no patent can be claimed for the same. the term 'hydroclave' is a descriptive or generic term. the respondents have manufactured a machine which is having a totally ..... the appellant no. 1 - company by inventing a new technology and process for sterilising bio-medical waste and the said machine has global acceptance and their patent has been registered in canada and they have applied for registration thereof in india in 1998 and is still pending for disposal. 'hydroclave' is also their ..... mark cases vol. lvii (no. 6) page 137, and british vacuum cleaner company ltd. v. new vacuum cleaner company ltd., reported in reports of patent, design and trade mark cases. vol. xxiv, no. 28, page 641. 28. the decision in jeryl lynn trade mark's case (supra) was on .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-21-2002
Reported in : (2003)1UPLBEC496
..... in lokmat newspapers pvt. ltd. v. shankar prasad : (1999)iillj600sc . stated that 'if a single judge exercises jurisdiction under article 22, letters patent appeal would be maintainable, but if the jurisdiction is exercised under article 227 it will not be maintainable'. but with an explanation that if the single ..... division courts thereof shall, with the necessary modifications apply in relation to the new high court................................................................................................................................................................................................................................................................................17. as from the appointed day-(a) the letters patent of her majesty, dated the 17th march, 1866, establishing the high court of judicature for the north-western provinces and chapter ii of the ..... legislative council. clause 35 is extracted below :-'35. and we do further ordain and declare that all the provisions of these our letters patent are subject to the legislative powers of the governor general in legislative council, and also of the governor general in council under section seventy- ..... labour court is fully maintainable under chapter viii, rule 5 of the court. elaborating his submissions. dr. padia contended that under clause 10 of letters patent of allahabad high court special appeal is maintainable even against award of labour court. reliance has been placed by dr. padia on apex court judgment in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-11-2002
Reported in : AIR2002SC676; 2002(4)AWC2714(SC); JT2002(Suppl1)SC38; 2002(1)SCALE199; (2002)2SCC329; 1SCR189; 2002(2)LC974(SC)
..... tenant.xxx xxx xxx xxx xxx(g) 'family', in relation to a landlord or tenant of a building, means, his or her-(i) spouse,(ii) male lineal descendants,(iii) such patents, grandparents and any unmarried or widowed or divorced or judicially separated daughter or daughter of a lineal descendant, as may have been normally residing with him or her,and includes .....Tag this Judgment!
Court : Delhi
Decided on : Aug-08-2002
Reported in : 124TAXMAN413(Delhi)
..... '). the relevant portion of section 32(1) reads as under :'32 depreciation.(1) in respect of depreciation of(i) buildings, machinery, plant or furniture, being tangible assets;(ii) know-how patents, copyrights, trademarks, licenses, franchises or any other business or commercial rights of similar nature, being intangible assets acquired on or after the 1-4-1998,owned, wholly or partly, by .....Tag this Judgment!
Court : Kerala
Decided on : Feb-15-2002
Reported in : 126STC475(Ker); 2006STR567
..... to transfer or succession, and to their capacity of being injured. property includes not only ownership, estates, and interests in corporeal things, but also rights such as trade marks, copyrights, patents, and rights in personam capable of transfer or transmission, such as debts.'the supreme court reiterated its own view in the decision in h. anraj.v. government of tamil nadu ..... contention, in view of the decision in vikas sales corporation : 1997(57)ecc1 . even the learned counsel was not able to contend that sale of a copy right or a patent right, though sale of intangible property would not attract sales tax.38. mr. menon then contended that activation charges were separately billed and there was no consideration for activation charges .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-15-2002
Reported in : 2003(26)PTC555(Raj); RLW2003(1)Raj77; 2002(3)WLC333; 2002(2)WLN593
..... to the learned counsel for the respondents, the work or the words 'fruit beer' is not invention of the plaintiff otherwise the plaintiff would have got its registration under the patents act, 1970 (hereinafter referred to as 'the act of 1970'). i perused the various provisions of the act of 1970 also. section 6 of the act of 1970 provides the ..... persons who are entitled for submitting application for getting patent under the act of 1970, as provided under the act of 1958, the provisions are there in the act of 1970 for giving ..... damages in case of infringement of the patent right of patentee.17. the learned counsel for the respondents could not point out that how the person holding registration under the act of 1958, cannot maintain a suit for ..... patent to the inventors of their work. section 48 of the act of 1970 confers exclusive right to make, use, exercise, sell or distribute the invention of the patent. section 108 of the act of 1970 empowers the court to grant injunction and relief of .....Tag this Judgment!
Court : Chennai
Decided on : Jun-26-2002
Reported in : 2003(26)PTC21(Mad)
..... for the reputation of the make only the applicant is concerned with. in of the decisions reported in horlick's malted milk company v. sumerskill, 1916 the illustrated official journal (patents) supplement 1 and corn products refining co. v. shangrila food products ltd., , it was held that the reputation will attach only to trade mark of the goods purchased by the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-21-2002
Reported in : 2002(2)MPHT132; 2002(3)MPLJ62
k.k. lahoti, j. 1. this letters patent appeal is preferred by defendant/tenant aggrieved by the order passed by the learned single judge in first appeal no. 735/2000, dated 3-1-2002. the learned trial court .....Tag this Judgment!
Court : Delhi
Decided on : Aug-14-2002
Reported in : 100(2002)DLT558
..... under article 142 of the constitution of india, which power, this court does not possess. 15. in the aforementioned backdrop, the question which arises for consideration in these two letter patent appeals are:(i) whether the learned single judge erred in allowing the appeal on the ground of desertion on the part of the wife? and (ii) whether the learned single ..... s.b. sinha, c.j. 1. these two letter patent appeals arise out of a judgment and decree dated 8th september, 2000 passed by a learned single judge of this court in fao 501/99.the fact of the matter .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-20-2002
Reported in : RLW2003(1)Raj155; 2003(1)WLN371
..... act, procedure provided in section 98 had to be adopted. this position is reflected in following statement after explaining the meaning of term letters patent:'different letters patents have been handed down by the sovereign in british india to chartered high courts which included only judicature for bengal, madras, bombay, north west ..... this act had become obsolete, redundant and was no longer required to be on the statute book. for the repeal of bombay high court (letters patent) act, 1866, it was stated that this act was introduced to correct two clerical errors and subsequently, by virtue of amendments made in 1948, ..... of kerala high court happen to be travancore cochin high court and not the madras high court. therefore, even on analogy, provision in letters patent of madras high court relating to making of a reference to a larger bench or to a third judge in the contingency as was before ..... court as on the date of coming into force the constitution of india or after appointed day under state reorganisation act, 1956 nor the letters patent of a chartered high court handed over by british govt. or an, enactment made by other competent legislative authority, were under consideration before the ..... circumstances, the question before the supreme court in hemlatha's case was firstly whether kerala high court was a high court governed by the letters patent within the meaning of sub-section (3) of section 98 cpc, which would make section 98 cpc inapplicable to the situation which has arisen .....Tag this Judgment!